42 U.S.C. § 11901

Congressional findings

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

The Congress finds that—(1) the Federal Government has a duty to provide public and other federally assisted low-income housing that is decent, safe, and free from illegal drugs;(2) public and other federally assisted low-income housing in many areas suffers from rampant drug-related or violent crime;(3) drug dealers are increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants;(4) the increase in drug-related and violent crime not only leads to murders, muggings, and other forms of violence against tenants, but also to a deterioration of the physical environment that requires substantial government expenditures;(5) local law enforcement authorities often lack the resources to deal with the drug problem in public and other federally assisted low-income housing, particularly in light of the recent reductions in Federal aid to cities;(6) the Federal Government should provide support for effective safety and security measures to combat drug-related and violent crime, primarily in and around public housing projects with severe crime problems;(7) closer cooperation should be encouraged between public and assisted housing managers, local law enforcement agencies, and residents in developing and implementing anti-crime programs; and(8) anti-crime strategies should be improved through the expansion of community-oriented policing initiatives.(Pub. L. 100–690, title V, § 5122, Nov. 18, 1988, 102 Stat. 4301; Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4245; Pub. L. 105–276, title V, § 586(b), Oct. 21, 1998, 112 Stat. 2646.)Editorial NotesAmendments

1998—Par. (2). Pub. L. 105–276, § 586(b)(1), inserted “or violent” after “drug-related”.

Par. (4). Pub. L. 105–276, § 586(b)(2)(A), inserted “and violent” after “drug-related”.

Pars. (6) to (8). Pub. L. 105–276, § 586(b)(2)(B), (3), (4), added pars. (6) to (8).

1990—Pub. L. 101–625 amended section generally. Prior to amendment, section read as follows: “The Congress finds that—

“(1) the Federal Government has a duty to provide public housing that is decent, safe, and free from illegal drugs;

“(2) public housing projects in many areas suffer from rampant drug-related crime;

“(3) drug dealers are increasingly imposing a reign of terror on public housing tenants;

“(4) the increase in drug-related crime not only leads to murders, muggings, and other forms of violence against tenants, but also to a deterioration of the physical environment that requires substantial government expenditures; and

“(5) local law enforcement authorities often lack the resources to deal with the drug problem in public housing, particularly in light of the recent reductions in Federal aid to cities.”

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

Short Title of 1998 Amendment

Pub. L. 105–276, title V, § 586(a), Oct. 21, 1998, 112 Stat. 2646, provided that: “This section [enacting sections 11906 to 11908 of this title, amending this section and sections 11902, 11903, 11904, and 11905 of this title, and repealing sections 11906 to 11909 of this title] may be cited as the ‘Public and Assisted Housing Drug Elimination Program Amendments of 1998’.”

Short Title of 1994 Amendment

Pub. L. 103–227, title X, § 1051, Mar. 31, 1994, 108 Stat. 274, provided that: “This part [part D (§§ 1051–1053) of title X of Pub. L. 103–227, amending section 11903a of this title] may be cited as the ‘Midnight Basketball League Training and Partnership Act’.”

Short Title

Pub. L. 100–690, title V, § 5121, Nov. 18, 1988, 102 Stat. 4301, as amended by Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4245, provided that: “This chapter [chapter 2 (§§ 5121–5130) of subtitle C of title V of Pub. L. 100–690, enacting this subchapter] may be cited as the ‘Public and Assisted Housing Drug Elimination Act of 1990’.”

Pub. L. 100–690, title V, § 5141, Nov. 18, 1988, 102 Stat. 4303, provided that: “This chapter [chapter 3 (§§ 5141–5146) of subtitle C of title V of Pub. L. 100–690, enacting subchapter II of this chapter] may be cited as the ‘Drug-Free Public Housing Act of 1988’.”

Notes of Decisions

Cited in 25 cases, 1992–2016 · leading case: Dep't of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002).

Sort: Relevance Newest Treatment

Dep't of Hous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002). · cites it 3× “4301 , 42 U. S. C. § 11901 (3) (1994 ed.). The Act, as later amended, provides that each “public housing agency shall utilize leases which .”

Milwaukee City Hous. Auth. v. Felton Cobb, 2015 WI 27 (Wis. 2015). · cites it 9× “4301 , 42 U.S.C. § 11901 (3) (1994 ed.)). This Act states that: Each public housing agency shall utilize leases which .”

Rucker v. Davis, 237 F.3d 1113 (9th Cir. 2001). · cites it 3× “42 U.S.C. § 11901 (2). Congress required each public housing agency to utilize leases which: (5) provide that a public housing tenant, any member of the tenant’s household, or a guest or other person under the tenant’s control shall not engage in criminal activity, including…”

Hous. Auth. of Covington v. Turner, 295 S.W.3d 123 (Ky. Ct. App. 2009). · cites it 8× “660(1) provides a tenant the opportunity to "remedy" a breach of the lease.”

Connie Burton v. Tampa Hous. Auth., 271 F.3d 1274 (11th Cir. 2001). · cites it 2× “” 42 U.S.C. § 11901 (4). The government, given its status as a landlord, must be given the authority to maintain its property at a habitable and safe standard for all of its tenants.”

E. Carolina Reg'l Hous. Auth. v. Lofton, 789 S.E.2d 449 (N.C. 2016). · cites it 3× “4181 , 4301 (codified as amended at 42 U.S.C. § 11901 (2012)). The Act requires leases to include language granting public housing authorities broad discretion to terminate leases to ensure that the housing is “decent, safe, and free from illegal drugs.”

United States v. Fife, 624 F.3d 441 (7th Cir. 2010). · cites it 2× “In 42 U.S.C. § 11901 , addressing public housing drug elimination, Congress found that “drug dealers are increasingly imposing a reign of terror on public and other federally assisted low-income housing tenants,” and “the increase in drug-related and violent crime not only leads…”

City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). “provide that any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants or any drug-related criminal activity on or off such premises, engaged in by a public housing tenant, *573 any member of the tenant’s household,…”

Davis v. City of New York, 959 F. Supp. 2d 324 (S.D.N.Y. 2013). “§ 1437g, and the Public and Indian Housing Drug Elimination Program, 42 U.S.C. §§ 11901 et seq. (“PIHDEP”). 202 *365 PIHDEP states that “[g]rants under this subchapter may be used in public housing or other federally assisted low-income housing projects for .”

Camco, Inc. v. Lowery, 839 N.E.2d 655 (Ill. App. Ct. 2005). “at 1235 , quoting 42 U.S.C. § 11901 (1) (1994). Van Buren, Ms.”

Boston Hous. Auth. v. Garcia, 871 N.E.2d 1073 (Mass. 2007). · cites it 2× “” Rucker, supra at 134 , quoting 42 U.S.C. § 11901 (1) (1994). Specifically, Congress (through 42 U.”

Show all 25 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.